Can You Contest a Will After Probate Has Been Granted?

Losing a loved one causes enough pain. Discovering that a will excludes you, breaks a prior promise, or seems improper adds fresh shock to your grief.

If you plan on challenging the validity of an estate document, you do not have to handle it alone. Our solicitors specialising in will disputes explain your rights, options, and estimated costs in plain English. This guide explains how a solicitor can support you with contesting a will, help you understand when you can bring a claim, and what happens during the legal process.

When people contest a will

Contesting a will means formally questioning its legal validity or challenging how executors divide the estate. People seek our help for several key reasons:

• A family member or beneficiary finds themselves left out of a will despite expecting financial provision.
• A new, unexpected will surfaces that contradicts earlier promises.
• They suspect someone pressured or improperly influenced the person making the will.
• They doubt the person had the mental capacity required to sign the document.
• They believe the maker failed to sign or witness the document correctly under the Wills Act 1837 in England and Wales.
• An executor delays probate, mismanages assets, or acts out of self-interest.

If any of these situations sound familiar, you should seek legal advice immediately. Our contentious probate solicitors can advise you before strict legal deadlines pass.

Grounds for contesting a will

You cannot challenge a document simply because you feel it is unfair. You must establish legal grounds before you bring a claim. Common grounds include:

• Lack of testamentary capacity: The person making the will must understand the document, the value of their assets, and who would expect to inherit. Illnesses or conditions like dementia can mean a court will order a document declared invalid due to a lack of testamentary capacity.
• Undue influence or coercion: If someone pressured, forced, or improperly influenced the deceased into altering their wishes, a court can set the document aside.
• Lack of valid execution: Under the Wills Act 1837 governing England and Wales, a valid will requires a written format, the maker’s signature, and proper attestation by two witnesses present at the same time.
• Lack of knowledge and approval: The maker must fully understand and agree to the contents. A lack of knowledge and genuine knowledge and approval often arises when the deceased was frail, visually impaired, or reliant on a beneficiary who drafted the document.
• Fraud or forgery: If someone forged a signature or created a fake document, the court will declare it void.
• Proprietary estoppel: If the deceased promised you property or land, and you relied on that promise to your financial detriment, you may have a claim under proprietary estoppel.
• Claims for reasonable financial provision: If you were financially dependent on the deceased, you can apply under the Inheritance Act for reasonable financial provision, even if the document itself is technically valid.

How our solicitors can help

We understand that estate disagreements involve complex family relationships, personal memories, and money. As experienced dispute solicitors, we guide you through every step with practical advice.

Here is how we support your case:

• Clear legal assessment: Our team reviews the document, investigates the circumstances, and gives you an honest opinion on the strength of your case.
• Gathering evidence: We lead the process of gathering evidence, including medical records, witness statements, solicitor notes, and filings from the probate registry.
• Negotiation and mediation: Our solicitors who deal with will disputes resolve most cases out of court, saving you time, emotional stress, and legal fees.
• Court representation: If negotiations fail, our lawyers represent you firmly through court proceedings to defend your rights.
• Transparent updates: You receive straightforward updates in plain English at every stage.

Why choose Hopkins

Choosing the right lawyer to support you with contesting a will makes a critical difference. You need a team that combines empathetic support with strong legal expertise.

• Recognised expertise: Our firm earns recommendations and has WIQS and LEXCEL accreditations.
• Local, personal service: We serve communities across the East Midlands with local offices, providing clear face-to-face advice when you need it most.
• Clear pricing: We provide transparent fee structures and clear cost estimates before starting any work.

Our process

Getting started takes just a few steps:

1. Request a callback or contact your nearest Hopkins office.
2. Speak directly with a member of our team to review your initial situation.
3. Book an in-depth consultation to build a tailored legal strategy.
4. Let our team handle the legal work, from gathering evidence to filing caveats with the probate registry to halt a grant of probate, while we keep you fully informed.

Act within strict time limits

Timing remains critical in estate disputes. Certain actions, such as entering a caveat to block a grant of probate or bringing an Inheritance Act claim, carry strict deadlines (often just six months from the issue of probate). Contacting solicitors who deal with will disputes early ensures you protect your legal rights before these time limits expire.